mymadam:
"Which has forced us to get lawyer to start legal proceedings."

Right way to go.

bebe2:


Tnk u

It's such a waste of money especially wen is wants even the main tenant .

Is subletting not illegal?

Can he be penalised for it?

Does tenancy law even cover subletting/squatters,

Julivas:

You are already doing it the right way but after letting him know that you are not interested in collecting another rent from, what is his response?

bebe2:


He said he can't leave, he asked me where do I expect him to get 500k that he will used to secure another property? . That he has a wife and 2 young children children and. Any afford to move.

The guy is crazy ooo

bebe2:


He said he can't leave, he asked me where do I expect him to get 500k that he will used to secure another property? . That he has a wife and 2 young children children and. Any afford to move.

The guy is crazy ooo

Badgers14:


But dude is a squatter though..

His name is not even in the book. This is actually a none case.

Do you know if you want to be rugged, you could talk to the police and they will drag him out of there. Because he is not your tenant, he doesn't have tenancy agreement.

I wouldn't even reason legal option here because the case is likely to be thrown out it you are going for notice to quit ( at least in a civilized world). The better route would be criminal possession of your property.

For people reading this, if you are planning on sharing flat, make sure your name is included in the tenancy agreement.

Badgers14:
Don't even mention he is subletting in your court document. Tell the judge you don't know who he is. The original tenant have moved out..

Do you have the copy of the tenancy agreement of the original tenant?

Julivas:

Alright.
Maybe the economic is getting at him. I think you can negotiate with him that within so so period he should find a place for himself and family and that after that period of grace given to him, he stills remain there that you will get him arrested. Besides, where is the real occupier who sublet it to him?

bebe2:


The real occupier had moved to PH or so,

We are thinking of giving him till April ending,

Dreamwaker:
Remove the windows and roof and act like you are renovating. That's the best trick landlords over here use.

Dreamwaker:
Remove the windows and roof and act like you are renovating. That's the best trick landlords over here use.

marylandcakes:


Don't do this a landlord got arrested in Benin city for doing that.

Dreamwaker:
Remove the windows and roof and act like you are renovating. That's the best trick landlords over here use.

bebe2:


I think it's with the lawyer.

bebe2:


He said he can't leave, he asked me where do I expect him to get 500k that he will used to secure another property? . That he has a wife and 2 young children children and. Any afford to move.

The guy is crazy ooo

Daboomb:
Tenants have right, so do House owners.
If you are not a bonafide tenant, you cant enjoy the "rights" of a tenant, under the law.

So, the crux of the matter is for you to establish that he is NOT a Tenant in that premises but rather he is Trespassing on your property.

*get the original tenancy agreement of the tenant he is squatting with, from the Lawyer (I dont trust that your Lawyer one bit!).
*get the real tenant to "communicate with you" in writing that the has vacated the residence. You can send him a chat message asking if he is still interested in the house but you must phrase it in a way that will make him to say NO.
For example, tell him their are some charges that he needs to pay (Security charge, Maintenance charges, e.t.c that amounts to #100K), and you want to know if he should be billed, on the assumption that he is still holding unto the place!

I am sure he will quickly tell you that he is no longer responsible for the place!

Armed with that "exchange of communication", you can just reply him that since he has vacated the place, you will no longer demand such money from him nor establish further communication with him and just wish him well in his new abode.

Now, go back to the "Squatter" and let him know that he is TRESPASSING on your property.
Dont even say he is squatting at all.

Give him two days to disappear (ofc, he wont).
Report a case of "Trespassing on private property" to the Police and charge him to court.
In the meantime, you have the right to recover your property as the law does not protect anyone committing an offence.
Double Lock the place and let him go and bring Police (The same Police that you have reported him to, for Trespassing!)

As for the Mediation Center, simply tell them you dont know him and that you have reported him to the Police for trespassing on your property.
Since he is the one that would be claiming he is your Tenant, the onus is on him to provide evidence of a tenancy contract between YOu and HIM.

Now, (if you want to be nice...l am not) he can be advised to leave the place, with a "written undertaking" in place, in a week or two weeks time (Its not your business if he sleeps under the bridge, he is obviously a trouble maker and such people dont deserve any pity).
Dont agree to more than two weeks, be firm on this because after that length of time, you are going to "dash him" some "Squatter Rights" which you dont want to.

On the contrary, he might prove stubborn:
Charge his Trespass case to court .. while he will charge you to court for violating his "tenancy rights", as a Landlord!
Your Lawyer will insist, at the Mediation Centre, that there is an ongoing "Criminal case" on the matter and as such, it super-ceeds a "Civil case" of Tenancy.
A Criminal case must finish before the civil part/matter can be heard!

So, he gets docked for trespassing..... and You win that case because you did not rent the place to him nor did you have any rent Contract with him.

His defence will be that "he sublet the place" from the previous Tenant.
You will debunk that by saying the previous tenant has vacated the place and you dont know who he is andneither are you a party to subletting, which is unlawful and illegal.
(That "written communication" you established with the bonafide tenant, is your proof)

Apart from the fact that subletting is illegal, you actually dont know him. Finito.
He could be fined or jailed for Trespassing. I dont give a f*ck!

The Civil case will die a natural death, using the same arguments above (ofc, he wont even show face again.)

You see why l said l dont trust that your Lawyer?
he should have laid all these down on the table for you.

Now, can l have my "pay" for this brief, please? l wrote it at 3am!